CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2008/001577 dated 12-9-2008
Right to Information Act 2005 - Section 18
Appellant - Shri Suman Kumar
Respondent - Department of Personnel & Training (DoPT)
Staff Selection Commission (SSC)
Decision announced 21.12.'09
FACTS
:
By an application of 8-5-2008 Shri Suman Kumar of Sham Nath Marg
applied to Shri V. K. Aggarwal, CPIO, SSC seeking the following information: –
“1. Subject wise Marks Sheet of Combined Graduate Level
Main Examination 2006 (Scheme ‘A’ Assistants and
Inspectors). My Roll No. For this examination is 1224360.
Also provide me minimum and maximum qualifying marks
for UR category under this scheme.2. Final marks Sheet of Section Officer (Commercial Audit)
Examination 2007 my roll no. for this examination is
1210068.”To this he received a response from CPIO Shri V. K. Aggarwal, Under
Secretary dated 8.5.2008 as follows:-“The final result of Combined Graduate Level Exam 2006 is yet to
be declared by the Commission. Hence, it is not feasible for the
Commission to provide the information called for by you. The
information can only be provided after declaration of the final
results. You are, the4rfore, advised to apply afresh after
declaration of the final result of the said examination.’Shri Suman Kumar has then moved an appeal before the First Appellate
Authority, SSC in which he has pleaded as follows:-“I have just asked the marks sheet of Combined Graduate Level
Main Examination 2006 of Scheme ‘A’ for my roll No. 1224360
whose result has been declared and I have not been qualified for
the interview.”On obtaining no response, however, Shri Suman Kumar has moved a
second appeal before us with the following prayer:-1
“I am to submit that UPSC always disclose the marks obtained by
the candidate after the Main Part of Exam and also after the
interview. But SSC by not doing the same is showing monopoly
and also non-transparent procedure of Exams. The First Appellate
Authority, SSC by not taking any action on my appeal application,
has violated the spirit of RTI Act.I request you to go through this case deeply and instruct the SSC to
disclose the marks sheet of the Main Part of any exam conducted
by SSC.”In response to Shri Suman Kumar’s appeal before us Appellate Authority,
SSC Ms. Gayatri Sharma, Deputy Secretary has sent the following information to
appellant Shri Suman Kumar on 9.1.2009:-“Marks obtained by you in Section Officer (Commercial Audit)
Exam 2007 has already been intimated to you vide letter No.
1/3/208-RTI/976 dated 17.6.2008 (copy enclosed). You were also
informed vide letter No. 1/3/208-RTI/976 dated 17.6.2008 that the
final result of Combined Graduate Level Main Exam 2006 had yet
be declared and it was not feasible for Commission to provide you
the information in respect of Combined Graduate Level Main Exam
2006. The information can only be provided after the declaration of
the final result (copy enclosed).The present position of the said exam is same. The final result of
Combined Graduate Level Min Exam 2006 has not been declared
so far, and at this stage, no information in respect of the said exam
will be divulged to you.”Subsequently in a letter addressed to appellant Shri Suman Kumar dated
26.11.2009 Shri Shiv Kumar Gandotra, Dy. Secretary & Appellate Authority has
provided the following further information to appellant Shri Suman Kumar:-“You, roll number 1224360 category UR had secured 56 marks in
Paper-II of Scheme ‘A’ of Combined Graduate Level Main Exam
2006. Commission had fixed cut off in paper-II for qualifying for
evaluation of other papers for UR category candidates as 63 marks.
Since, your marks in paper-II of Scheme ‘A’ were less than the cut
off marks, your other papers of Scheme ‘A’ were not evaluated.In Scheme ‘B’, you had secured 80 marks in paper-II commi8ssion
had fixed cut off in paper-II for qualifying for evaluation of paper-I of
UR category candidates as 82 marks, since your marks in paper-II
of Scheme’ B’ were less than the cut of marks, your paper-I was not
evaluated.”2
The appeal was heard on 21-12-2009. The following are present.
Respondents
Shri P. S. Ahuja, S.O.Shri V. K. Aggarwal, Consultant.
Although informed of the date of hearing through our notice of 30-11-2009
appellant Shri Suman Kumar opted not to be present.
Decision Notice
We find that the information sought by appellant Shri Suman Kumar has
been fully supplied through Appellate Authority Shri Shiv Kumar Gandotra, Dy.
Secretary’s letter of 26-11-2009. The only question that remained is why the
first appeal of 20.6.2008 was responded to only on 9.1.2009 and that after
appellant Shri Suman Kumar had moved a second appeal. To this Shri P. S.
Ahuja, SO, SSC submitted that the appeal of 20.6.2008 had not been received
by SSC but was received only together with the copy of the notice of first appeal
enabling the appellate authority to respond. This being the case and the
information sought by appellant having been supplied there remains no
requirement for the intervention of this Commission. The appeal is disposed of
accordingly.
Announced in the hearing. Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
21-12-2009
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO of
this Commission.
(Pankaj Shreyaskar)
Joint Registrar
21-12-2009
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